China Patent
Invention Patent · Utility Model Patent · Design Patent · Professional Agency
💡 Invention Patent
Introduction
Invention patents protect new technical solutions relating to a product, process or improvement thereof. They are the most technologically advanced and offer the strongest protection among all patent types.
- Product Invention — New devices, mechanical equipment, compounds, biological products, etc.
- Process Invention — New manufacturing methods, usage methods, technological processes, etc.
Suggested size: 800x200px
Application Process
- Filing — Submit request, description, claims, drawings (if necessary), abstract, and request for substantive examination
- Acceptance & Fee Payment — Pay application fee, examination fee, and publication fee within 15 days
- Preliminary Examination — Review completeness and formal compliance (approx. 3-6 months)
- Publication — Automatically published 18 months after filing date; early publication available upon request
- Substantive Examination — Must be requested within 3 years from filing date
- Grant & Publication — Registration fee and annual fee payment, certificate issuance
Overall timeline: 2-3 years. Professional assistance is recommended to improve grant rate.
Term and Renewal
Maximum protection period: 20 years from filing date. Annual fees are required to maintain validity.
❓ Frequently Asked Questions
Q1: What are the requirements of novelty, inventive step, and industrial applicability?
A: Novelty means not belonging to prior art; Inventive step means significant progress compared to prior art; Industrial applicability means it can be made or used with positive effects.
Q2: What if I miss the substantive examination deadline?
A: The substantive examination request must be filed within 3 years. Otherwise, the application will be deemed withdrawn.
🔧 Utility Model Patent
Introduction
Utility model patents protect new technical solutions relating to the shape, structure, or combination thereof of a product. They are limited to tangible products with specific structures, excluding methods or processes.
Suggested size: 800x200px
Application Process
- Filing — Submit request, description, claims, drawings, abstract (drawings are mandatory)
- Acceptance & Fee Payment — Pay application fee (approx. RMB 500-800)
- Formal Examination — Only formal examination, no substantive examination
- Grant & Publication — Registration and annual fee payment, certificate issuance
Overall timeline: 6-12 months. Due to no substantive examination, the rights may be less stable.
Term and Renewal
Maximum protection period: 10 years from filing date. Annual fees are required.
❓ Frequently Asked Questions
Q1: What is the difference between utility model and invention patent?
A: Utility models only protect product shape/structure, not processes. Protection term is 10 years (vs 20 years for invention). Only formal examination, no substantive examination.
Q2: How stable are utility model patent rights?
A: Since there is no substantive examination, the patent may be challenged through invalidation proceedings. A thorough prior art search is recommended.
🎨 Design Patent
Introduction
Design patents protect new designs relating to the shape, pattern, or combination thereof of a product, as well as color combinations. Suitable for consumer electronics, homeware, toys, packaging, and more.
Suggested size: 800x200px
Application Process
- Filing — Submit request, drawings or photographs (six views + perspective view), brief description
- Acceptance & Fee Payment — Pay application fee
- Formal Examination — Review drawing quality and subject matter eligibility
- Grant & Publication — Registration and annual fee payment, certificate issuance
Overall timeline: 3-6 months — the fastest among the three patent types.
Term and Renewal
Maximum protection period: 15 years from filing date. Annual fees are required.
❓ Frequently Asked Questions
Q1: Does design patent protect partial designs?
A: Yes. Current patent law allows protection for whole or partial product designs.
Q2: Can design and utility model patents be filed simultaneously?
A: Yes. They protect different aspects (aesthetics vs technical structure) and can form combined protection.
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